House Journal: Page 1449: Friday, April 12, 2002
16 b. (1) The applicant may contest the department's
17 decision by requesting a hearing and may elect to have
18 the hearing conducted before an administrative law
19 judge pursuant to chapter 17A or before the
20 commission. If the applicant and a board of
21 supervisors are both contesting the department's
22 decision, the applicant may request that the
23 commission conduct the hearing on a consolidated
24 basis. The commission shall hear the case according
25 to procedures established by rules adopted by the
26 department. The commission may hear the case as a
27 contested case proceeding under chapter 17A. The
28 department, upon petition by the applicant, shall
29 deliver to the administrative law judge or the
30 commission a copy of the board of supervisors'
31 recommendation together with the results produced by
32 its master matrix and any supporting data or documents
33 submitted with the results, comments submitted by the
34 board to the department, and the department's
35 evaluation of the application including the results
36 produced by its matrix and any supporting data or
37 documents. If the commission hears the case, its
38 decision shall be the department's final agency
39 action. The commission shall render a decision within
40 thirty-five days from the date that the applicant or
41 board files a demand for a hearing.
42 (2) A county board of supervisors that has
43 submitted an adopted recommendation to the department
44 may contest the department's decision by requesting a
45 hearing before the commission. The commission shall
46 hear the case according to procedures established by
47 rules adopted by the department. The commission may
48 hear the case as a contested case proceeding under
49 chapter 17A. The board may request that the
50 department submit a copy of the department's
Page 29
1 evaluation of the application including the results
2 produced by its matrix and any supporting data or
3 documents. The decision by the commission shall be
4 the department's final agency action. The commission
5 shall render a decision within thirty-five days from
6 the date that the board initiates the proceeding.
7 c. Judicial review of the decision of either the
8 department or the commission may be sought in
9 accordance with the terms of chapter 17A.
10 9. An applicant for a construction permit may
11 withdraw the permit application from consideration by
12 the department at any time by filing a written request
13 with the department. The filing of the request shall
14 not prejudice the right of the applicant to resubmit
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League of Women Voters of Iowa
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